A bill intended to regulate consumable hemp products in Alabama has reached Governor Kay Ivey’s desk, but its fate remains uncertain. Sponsored by Representative Andy Whitt, HB 445 seeks to establish regulations for consumable hemp products within the state. However, the language and potential impacts of the bill have led to criticism from various stakeholders, including industry representatives who suggest possible litigation.
Rep. Whitt expressed optimism about the bill’s prospects, stating, “It is my hope that the governor signs the bill this week. I think it’s a good piece of legislation.” Key provisions include testing and labeling requirements for hemp products, caps on product potency, and restrictions on sales to minors.
The bill also prohibits smokable hemp products and imposes an excise tax on consumable hemp items. However, there is confusion over whether CBD would be banned under this legislation.
Disagreements have emerged among lawmakers regarding the bill’s implications. A substitute version was introduced without prior discussion in a Senate committee hearing. Molly Cole from the Alabama Hemp and Vape Association criticized this process as misleading.
Senator Tim Melson expressed uncertainty about whether hemp-derived THC vapes would be banned under the new law. In contrast, Rep. Whitt confirmed that all inhalable products containing delta-8 or delta-9 THC would be prohibited.
Industry representatives like Carmelo Parasiliti of Green Acres Organic Pharms voiced concerns about potential business impacts and urged Gov. Ivey to veto the bill if she supports small businesses. Parasiliti highlighted that many federally legal products could become illegal under HB 445.
Nancy Owen Nelson, a cancer patient using CBD for symptom management, expressed disappointment with the legislation and plans to encourage Gov. Ivey to veto it.
Whitt and Melson argue that regulating an unchecked industry is necessary to protect children. The 2018 Farm Bill removed certain cannabis products from federal marijuana definitions but left room for state-level regulation.
Molly Cole noted confusion over implementation dates in HB 445, which could lead to chaos within the industry if not clarified promptly.
As opposition mounts from various quarters—including Birmingham Mayor Randall Woodfin—the future of HB 445 remains contentious as stakeholders await Gov. Ivey’s decision.
